107. On the basis of the facts of the case at hand, the Complainants stated that the treatment
of the first Victim by the Respondent State involved the deliberate infliction of severe
pain and suffering through both:- a) deliberate acts of physical and psychological torture
and b) detaining her in inhuman conditions, for the improper purposes of inflicting
punishment, coercion, and discrimination, which amounts to torture and ill-treatment in
violation of Article 5 of the African Charter. The Complainants
argue that the first
Victim's rights under Article 5 were violated during her time at Omdurman Women's
Prison. She experienced severe physical abuse and ill, eatment, including being beaten,
kicked, and spit on by prison guards. She was ~,Q,: ~
r most of her detention and
even gave birth while shackled, resulting in lon&~?,l~~ting e
issues. Furthermore, she
faced extreme psychological pressure, receiving t
eath p
lty and 100 lashes while
in the late stages of pregnancy. They s.tat~,d tha
.e w
eatedly pressured to
renounce her Christian faith and affirm"!slamic belie s
t the first Victim
and her infant son were both subject~(l t~ mhul1uWe def n .on con ltfqns,. including a
lack of access to proper medical care dufing the time they spent'n detentidri:~
M".
108. They submitted that these actions, were carried out'to punish tHo
renouncing
her faith.; .. ,to coerce h~.l'f., into cQPverting
to Islam, and because of
.
discrimination based orfprn; gender a ':~ igion. The-treatment she received amounts to
torture under Ar1tc~~ 5 ofi't!he Africa .,
;'i~': The thil:'! and fourth Victims, who were
detained with the tlrs'tVicti
in"
.' rmjri~;Womenls Prison. also had their Article 5
rights violatedf They were unab ~'!~~ceive pr6p~~ care from the first Victim due to her
physical restraints and were deilieq.'pecessary
me~ical attention despite their young
ages.
,
,. ";(.
,
Article 6: The.Right to Uberty and Security at th, ,Json
,,.~-
'i.
..,
109. The'
lain,~nts argued.that the Re~p,ondent State violated their rights to liberty and
securi ,,9f the p~rSQn, as gu~rWbe~fi\J;;Y Article 6 of the African Charter. They referred to
previous':ea,ses
where I the Comrill~'sibn held that the right to liberty could be violated by
.. '
detention 'after a trial' that does not conform to international
standards, even if the
individual is released.e?
of the ACmHPR on the Guidelines and Measures for the Prohibition and Prevention of Torture, Cruel, Inhuman or
Degrading Treatment or Punishment in Africa (Robben Island Guidelines), 32nd Session, Banjul, The Gambia,
October 2002, April 2008, Part Ie, 4-14, 285 ACHPR/Res. 105, "Resolution on the Prevention of Torture and
Prohibition of Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment", 30 May 2007, P 3,
accessible at https:/ /www.achpr.org, last accessed on 19 February 2020.
~
hLlI"~'~J
49 They cite the consolidated cases of Malawi African Association, Amnesb] International, Ms Sarr DiOl(~':J5!i\QllT/.I?J:Iv}3;)""
interafricaine des droits de I'Homme and RADDHO, Collectif des oeuues et ayants-Droit, Association nt~ti'rit'iil1iened /'
droits de I'Homme vs. lvuiuriiania Communications 54/91-61/91-96/93-98/93-164/97_196/97-210;98, ; ara 11~.
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